FREQUENTLY ASKED QUESTIONS What Should I Do If Somebody Infringes on My Trademark
What should you do if you catch someone ripping off your brand?
First, you need to understand if this is what is happening. Are the trademarks the same?
Are their products and services the same as yours? Are they in the same country and geographical areas where you have protection for your brand?
If your answer to any of these is no, there is likely no infringement. When someone uses the same name for totally different products or in another region or country, there is typically no infringement.
More than simply because someone is using something similar to your brand is required.
You should clearly understand your legal rights to sue regarding infringement of your trademark.
THINKING OF TRADEMARKING YOUR BRAND?
What to Do
Your first action in response should be to share the information with a lawyer or trademark agent who understands the issues and can provide solid legal analysis regarding possible infringement.
If the legal advisor finds no infringement, you have two options. The first is to send a letter advising the other party that you don't like them using your brand. Maybe they will be unwilling to fight and will give up, which is always a possibility.
However, the answer is typically no. The other party doesn't believe you have a legal claim, so they are just going to ignore you.
If There Is Infringement
If you find infringement, you will usually write a demand letter specifying their infringing actions and expressing precisely what you want them to do.
The letter will also explain what you will do if they don't comply with your demands.
Stop using my brand.
Give me your domain name.
Destroy all the products.
Eliminate service equipment and materials.
Transfer a Twitter account, close down the Facebook page, or do whatever you want them to do.
You lay out all your demands and then tell them what you will do if you do not hear from them in the following days, usually 2 to 3 weeks. Typically, you will end up in court (where you will prevail) if they don't respond.
Summary
Making a case for infringement is a challenge no one wants to encounter. It is time-consuming and costly, but failing to protect your trademark and brand is far more expensive.
When someone infringes on your brand, they threaten your hard work and livelihood. Registering your trademark provides multiple levels of protection for your brand. Repelling infringements on your rights is far easier when you own a registered trademark.
At Trademark Factory® we offer a unique all-inclusive, 100% cash-back guarantee of trademark registration success. Our professional trademark attorneys and their specialized staff will file your application and provide updates as they shepherd it through the bureaucracy to its ultimate approval.
Contact us today to learn more.
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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.
